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Document 02020H0912-20210204
Council Recommendation (EU) 2020/912 of 30 June 2020 on the temporary restriction on non-essential travel into the EU and the possible lifting of such restriction
Consolidated text: Council Recommendation (EU) 2020/912 of 30 June 2020 on the temporary restriction on non-essential travel into the EU and the possible lifting of such restriction
Council Recommendation (EU) 2020/912 of 30 June 2020 on the temporary restriction on non-essential travel into the EU and the possible lifting of such restriction
02020H0912 — EN — 04.02.2021 — 005.001
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COUNCIL RECOMMENDATION (EU) 2020/912 of 30 June 2020 (OJ L 208I 1.7.2020, p. 1) |
Amended by:
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Official Journal |
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L 230 |
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17.7.2020 |
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L 248 |
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31.7.2020 |
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L 261 |
83 |
11.8.2020 |
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L 354 |
19 |
26.10.2020 |
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L 431 |
75 |
21.12.2020 |
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L 33 |
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29.1.2021 |
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L 41 |
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4.2.2021 |
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COUNCIL RECOMMENDATION (EU) 2020/912
of 30 June 2020
on the temporary restriction on non-essential travel into the EU and the possible lifting of such restriction
1. As from 28 January 2021, Member States should gradually lift the temporary restriction on non-essential travel to the EU in a coordinated manner with regard to the residents of the third countries listed in Annex I.
To determine the third countries for which the current restriction on non-essential travel into the EU should be lifted, the epidemiological situation in the respective third countries and further criteria as set out in this Recommendation should be taken into account.
2. ►M7 As regards the epidemiological situation, the following criteria should apply:
To be included in Annex I, third countries should meet the following thresholds: a 14-day cumulative COVID-19 case notification rate of not more than 25, a testing rate above 300, and a test positivity rate of not more than 4 %. In addition, the overall reponse to COVID-19 may be taken into account, in particular available information on aspects such as surveillance, contact tracing, containment, treatment and reporting as well as the reliability of available information and data sources and, if needed, the total average score across all dimensions for International Health Regulations (IHR).
The data concerning the ‘testing rate’ and the ‘test positivity rate’ should be provided by the European Centre for Disease Prevention and Control (ECDC), on the basis of information made available to ECDC. Such data could be complemented by information provided by EU delegations, when available, also based on the checklist annexed to the Communication of 11 June 2020. ◄
3. When deciding whether the temporary restriction on non-essential travel to the EU applies to a third-country national, residence in a third country for which the restrictions on non-essential travel have been lifted should be the determining factor (and not nationality).
4. Every two weeks, the list of third countries referred to in Annex I should be reviewed, and as the case may be updated, by the Council, after close consultation with the Commission and the relevant EU agencies and services following an overall assessment based on the methodology, criteria and information referred to in paragraph 2.
Travel restrictions may be totally or partially lifted or reintroduced for a specific third country already listed in Annex I, according to changes in some of the conditions set out above and, as a consequence, in the assessment of the epidemiological situation.
Where the epidemiological situation worsens quickly and, in particular, where a high incidence of variants of concern of the virus is detected, travel restrictions may be rapidly reintroduced for non-essential travel for third countries already listed in Annex I.
In order to lift the temporary restriction on non-essential travel into the EU with regard to the third countries listed in Annex I, Members States should, on a case-by-case basis, take into account reciprocity granted to the EU+ area.
5. Member States should strongly discourage non-essential travel from the EU+ area to countries other than those listed in Annex I.
►M7 6. ◄ Where temporary travel restrictions continue to apply to a third country, the following categories of persons should be exempted from the travel restriction, independent of the purpose of travel:
Union citizens within the meaning of Article 20(1) TFEU and third-country nationals who, under agreements between the Union and its Member States, on the one hand, and those third countries, on the other hand, enjoy rights of free movement equivalent to those of Union citizens, as well as their respective family members ( 1 );
third-country nationals who are long-term residents under the Long-term Residence Directive ( 2 ) persons deriving their right to reside from other EU Directives or national law or who hold national long-term visas, as well as their respective family members.
▼M7 —————
Where the epidemiological situation worsens quickly and, in particular, where a high incidence of variants of concern of the virus is detected, Member States may temporarily limit the categories of travellers listed in Annex II. Travel justified by compelling reasons should still remain possible.
In addition, essential travel should be allowed for the specific categories of travellers with an essential function or need referred to in Annex II. ( 3 ) Member States may introduce additional safety measures for these travellers, especially when their trip originates in a high risk region.
The list of specific categories of travellers with an essential function or need referred to in Annex II may be reviewed by the Council, based on a proposal from the Commission, depending on social and economic considerations as well as the overall assessment of the evolution of the epidemiological situation, based on the methodology, criteria and information referred to above.
►M7 7. ◄ ►M7 Member States should require persons travelling for any essential or non-essential reason, function, or need, with the exception of transport and frontier workers, to have tested negative for COVID-19 on the basis of a polymerase chain reaction (PCR) test taken at the earliest 72 hours before departure, and to submit the appropriate proof of such a test result in the form stipulated by the authorities.
If tests on departure are not possible, persons referred to in point 6 (a) and (b) should have the possibility to carry out the test after arrival, in accordance with national procedures. This is without prejudice to any obligation to undergo any further measure, including quarantine, after arrival.
In addition, Member States may require self-isolation, quarantine and contact tracing for a period of up to 14 days, as well as further COVID-19 testing as needed during the same period, provided that they impose the same requirements on their own nationals when travelling from the same third country. For those travellers arriving from a third country where a variant of concern of the virus has been detected, Member States should impose such requirements and in particular, quarantine upon arrival and additional testing upon or after arrival.
As regards travel undertaken in connection with an essential function or need as set out in Annex II:
This is without prejudice to general public health requirements that may be imposed by the Member States such as physical distancing and the requirement to wear a mask. ◄
8. Member States should develop a Passenger Locator Form (PLF) and require persons entering the EU to submit a PLF in accordance with applicable data protection requirements. A common European Passenger Locator Form is being developed for possible use by Member States. Wherever possible, a digital option for passenger locator information should be used in order to simplify processing and expediting contact tracing, while ensuring equal access to all third-country nationals.
►M7 9. ◄ A Member State should not decide to lift the restriction on non-essential travel into the EU for a specific third country before the lifting of the restriction has been coordinated in line with this Recommendation.
►M7 10. ◄ Residents of Andorra, Monaco, San Marino and the Vatican/Holy See should be considered as EU residents for the purpose of this Recommendation.
►M7 11. ◄ This Recommendation should be implemented by all Member States at all external borders.
ANNEX I
Third countries and Special Administrative Regions, whose residents should not be affected by temporary external borders restriction on non-essential travel into the EU:
I. STATES
AUSTRALIA
NEW ZEALAND
RWANDA
SINGAPORE
SOUTH KOREA
THAILAND
CHINA ( 4 )
II. SPECIAL ADMINISTRATIVE REGIONS OF THE PEOPLE’S REPUBLIC OF CHINA
ANNEX II
Specific categories of travellers with an essential function or need:
Healthcare professionals, health researchers, and elderly care professionals;
Frontier workers;
Seasonal workers in agriculture;
Transport personnel;
Diplomats, staff of international organisations and people invited by international organisations whose physical presence is required for the well-functioning of these organisations, military personnel and humanitarian aid workers and civil protection personnel in the exercise of their functions;
Passengers in transit;
Passengers travelling for imperative family reasons;
Seafarers;
Persons in need of international protection or for other humanitarian reasons;
Third-country nationals travelling for the purpose of study;
Highly qualified third-country workers if their employment is necessary from an economic perspective and the work cannot be postponed or performed abroad.
( 1 ) As defined in Articles 2 and 3 of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77).
( 2 ) Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ L 16, 23.1.2004, p. 44).
( 3 ) [See also Commission Communications of 16 March (COM(2020) 115), of 11 June 2020 (COM(2020) 399), as well as the Guidance of 30 March 2020 (C(2020) 2050, 30 March 2020).]
( 4 ) subject to confirmation of reciprocity